Private rental vs DHSS

tommytynan123

Son/Partner + baby are splitting – sad!!

Presently in a private rent with son moving out soon. That would mean partner claiming housing benefit and LLord, who does not want DHSS in the house, has indicated he will give notice if that happens.

Apart from any moral issues is there any legal or statutory rules linked to that action. ??

I may have a flat lined up through a friend if required (at present 20% possibility) and she has been told that for housing benefit the only paperwork she needs to produce linked to the property is a signed tenancy agreement. Is that correct ??

Thanks

steve2005

Depending on how pedantic you want to be, you could get a signed letter from LL stating that he does not want DHSS people but anything else is fine, then you're fine to stay.

mrginge

Benefit claimants are not a protected group under the equality act, so a LL is perfectly entitled to act in this way.

G_M

tommytynan123 wrote: »

..... partner claiming housing benefit and LLord, who does not want DHSS in the house, has indicated he will give notice if that happens.

Apart from any moral issues is there any legal or statutory rules linked to that action. ??

The LL can serve a S21 Notice to gain possession of the property. This is a 'no fault' notice. The LL does not need any reason other than that he want the tenant to leave

However if there is a fixed term tenancy agreement then the tenancy cannot be ended in this way till the fixed term ends.

BitterAndTwisted

If the SIL and partner have a copy of their tenancy agreement then either or both can apply for LHA (Local Housing Allowance) and if granted would be paid directly to them without reference to the landlord. As long as the rent is paid in full and on time it's none of the landlord's business where the money comes from.

New landlords taking on tenants dependent on LHA to pay their rent is another thing entirely.

yan101_2

G_M wrote: »

The LL can serve a S21 Notice to gain possession of the property. This is a 'no fault' notice. The LL does not need any reason other than that he want the tenant to leave

However if there is a fixed term tenancy agreement then the tenancy cannot be ended in this way till the fixed term ends.

unless there is a break clause......right GM? lol

Morglin

The government have said that now tenants are paid HB directly, there is no legal obligation, whatsoever, for a tenant to have to advise a landlord as to how they are paying the rent,regardless of what the tenancy contract may say.

Lin

dimbo61

Some lenders will not allow landlords to rent to HB tenants.
Complain to the government,
Getting paid rent can also be delayed due to the long process in getting HB and the amount paid may not cover the rent.

GwylimT

Many landlords like myself are unable to rent to tenants who receive HB as the terms of our mortgages do not allow, therefore if we knowingly or unknowingly do this, our mortgage could be called in.

If she claims housing benefit it is very unlikely to be sorted before the next rent is due, she will also need to have her partner removed from the tenancy, otherwise it will be assumed that he still lives there. As you have already asked and due to the above things it will be clear that you are putting in a claim. Personally due to my mortgage if a tenant asked about receiving HB I would likely issue a s21 immediately.

Morglin

I think the government actually need to sort this out - telling tenants not to inform LL's, of receiving HB, which, in turn, may have an impact on their mortgage, seems a funny way of carrying on.

Lin :whistle:

silvercar

My mortgage is fine, provided the tenancy is between landlord and tenant and not landlord and council or social housing provider. (Irrespective of who pays the rent).

For a mortgage provider to say no-one claiming benefits, would that include child benefit? Seems very odd. And "DHSS" has been replaced with HB for which most people would be claiming LHA.

One large BTL house insurer requires tenants to be working or retired at the time they take on the property.